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PRISTAS v. LANDAUS OF PLYMOUTH, INC.

Nos. 83-3555 to 83-3557.

742 F.2d 797 (1984)

In re John and Lois PRISTAS, Debtors, v. LANDAUS OF PLYMOUTH, INC. John and Lois Pristas, Appellants in No. 83-3555. In re Laura SPRAGUE, Debtor, v. LANDAUS OF PLYMOUTH, INC. Laura Sprague, Appellant in No. 83-3556. In re David D. TWARDOWSKI, Debtor, v. LANDAUS OF PLYMOUTH, INC. David D. Twardowski, Appellant in No. 83-3557.

United States Court of Appeals, Third Circuit.

Decided September 7, 1984.

As Amended September 12, 1984.

Attorney(s) appearing for the Case

F. Charles Petrillo, Legal Services of Northeastern Pa., Inc., Wilkes-Barre, Pa., for appellants.

Louis Shaffer, Shaffer & Chariton, Wilkes-Barre, Pa., for appellee.

Before WEIS and BECKER, Circuit Judges, and OLIVER, District Judge.

Submitted Under Third Circuit Rule 12(6) June 12, 1984.

OPINION OF THE COURT

WEIS, Circuit Judge.

The question here is whether a purchase-money security interest in consumer goods survives when the debt is consolidated with that incurred for subsequent purchases. The bankruptcy judge concluded that the "add on" of both collateral and debt did not eliminate the purchase-money character of the security interest in original purchases. He therefore declined...

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